But the Stigler Act forces Five Civilized Tribes allotments to be converted to "fee" status when an owner's blood quantum falls below the one-half standard. The change takes place regardless of the owner's wishes and the citizenship standards of his or her respective tribe.

As a result, these land interests are subject to taxation and alienation, according to a hearing memo on H.R.2606. Additionally,
leasing, probate and other activities affecting the lands are handled in state court.

In nearly every other instance, such actions would be overseen in federal court, something that's happening in a closely-watched trespass dispute elsewhere in Oklahoma.

H.R.2606 changes the situation once and for all by removing the blood quantum requirement in the Stigler Act. It does not otherwise affect the citizenship standards of the five tribes.

“Introducing this amendment to the Stigler Act will allow for past precedent to
be current with the realities of Native-owned, restricted land,” Rep. Tom Cole (R-Oklahoma), who is
a Chickasaw citizen, said in a press
release in May when he unveiled H.R.2606.

“Many of Oklahoma’s citizens have passed out of ½ blood lineage, but
remain vested to their Native American heritage,” Cole said. “Removing the ½
blood degree prerequisite and expanding its range to any degree will help
preserve the rights and legacy of Native American tribes and their inheritance.”

Leaders of the Five Civilized Tribes have been asking Congress to eliminate the blood quantum requirement for decades. Chief Bill John Baker of the Cherokee Nation will be testifying in favor of H.R.2606 at the subcommittee's hearing on Wednesday.

The Stigler Act is a "federal mandate that forces the state of Oklahoma to act as instrumentalities of the federal government, yet no other groups of Indian tribes are forced to have land title decisions made by any state of the union," the Inter-Tribal Council of the Five Civilized Tribes said in a 2015 resolution in favor of removing the blood quantum requirement.

Despite support from the tribes, prior efforts to address the situation have faced opposition from some politicians in Oklahoma. They have acted based on complaints from the energy industry.